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Employment Law

Don’t get burned by ‘cat’s paw’ liability: When employee complains, beware boss retaliation

05/16/2012
In management training, you no doubt tell supervisors that they’re not allowed to punish employees for filing discrimination complaints or testifying in other employees’ cases. But what should you do if—despite your warnings—one of those employees seems to be getting lots of disciplinary warnings?

EEOC pushes forward on Hispanic-bias cases

05/16/2012

When the EEOC declared it was starting an enforcement effort aimed at protecting Hispanic ­workers from harassment and discrimination, smart employers promptly looked at their organizations and corrected any problems. Those that didn’t are now paying the price.

Best defense against harassment complaints: Robust policy and prompt investigations

05/14/2012

HR professionals can’t be everywhere at once, making sure no boss ever harasses a subordinate. It will happen, even in the best, most progressive organizations. Protect against such nonsense with a robust anti-harassment policy …

Beware warnings that could limit future pay

05/14/2012

Most HR professionals assume that a warning letter isn’t an adverse employment action and there­­fore can’t be the basis for a lawsuit. And that’s largely true. But if the warning letter also mentions restrictions on how well the employee will be rated at evaluation time, there may be trouble.

Might we be covered by Minnesota’s OT rules?

05/10/2012
Q. We are a small employer and only have operations in Minnesota. I recently learned that Minnesota does not require overtime pay until after an employee has worked 48 hours in a workweek. Do we have to pay overtime after 40 hours or can we have employees work an extra eight hours before they are entitled to overtime?

Contractor for short-term job: Good idea?

05/10/2012

Q. We want to bring on a worker to help finish up a contract that we have with a customer. The contract and work will end in a few months. To ease in setting this up and to avoid any long-term commitment, I’d like to hire the individual as a contractor and not an employee. Can I do this?

FedEx pays $3 million to settle hiring bias charges

05/10/2012
FedEx Ground has agreed to pay $3 million to resolve allegations by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) that the company’s hiring practices were discriminatory.

Delta agrees to OSHA’s baggage-cart seat belt plan

05/10/2012
Delta Airlines has entered into a two-year settlement agreement with OSHA to install seat belts on all company baggage-handling vehicles. An OSHA inspection following an em­­ployee death led to the agreement.

Remind supervisors to err on the side of caution when employee claims medical emergency

05/10/2012
When supervisors act out of anger or ignorance, the result is seldom good.

Suspect relative’s illness is used to game FMLA? If true, you’re free to discipline or terminate

05/10/2012

The FMLA allows employees to take up to 12 weeks of unpaid leave to care for a parent with a serious health condition. But it’s not unheard of for employees to take advantage of the FMLA by getting time off, but then not spend it caring for mom or dad. If you learn that your employee is cheating the system, feel free to discipline him.